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Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

10 FLRA No. 48
GENERAL SERVICES ADMINISTRATION
REGION 8, DENVER, COLORADO
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3275
Charging Party
Case No. 7-CA-349
DECISION AND ORDER
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
AND REGULATIONS.
UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, THE AUTHORITY FINDS:
THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
AND (5) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
STATUTE) BY ITS UNILATERAL IMPLEMENTATION OF CHANGES IN THE POLICIES AND
PROCEDURES FOR THE ASSIGNMENT OF EMPLOYEE PARKING SPACES AND THE
ASSESSMENT OF CHARGES FOR THE USE OF THESE SPACES WITHOUT PROVIDING
NOTICE OF THE UNION AND AN OPPORTUNITY TO NEGOTIATE ON THE IMPACT AND
IMPLEMENTATION OF SUCH CHANGES.
THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
THOSE IN DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 9 FLRA NO. 16
(1982). /1/ FOR THE REASONS SET FORTH IN DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, THE AUTHORITY FINDS THAT THE RESPONDENT'S UNILATERAL
IMPLEMENTATION OF ITS INTERNAL RULES AND REGULATIONS CONCERNING THE PAID
PARKING PROGRAM WITHOUT FIRST AFFORDING THE UNION AN OPPORTUNITY TO
NEGOTIATE WITH RESPECT THERETO CONSTITUTES A VIOLATION OF SECTION
7116(A)(1) AND (5) OF THE STATUTE.
ORDER
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE GENERAL SERVICES ADMINISTRATION, REGION 8, DENVER, COLORADO,
SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO GIVE NOTICE TO AND, UPON REQUEST, BARGAIN
WITH THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO LOCAL 3275, THE EXCLUSIVE
BARGAINING
REPRESENTATIVE OF ITS EMPLOYEES, BEFORE IMPLEMENTATION OF ANY PAID
PARKING PROGRAM WHICH MAY
BE ESTABLISHED BY GOVERNMENT-WIDE RULE OR REGULATION.
(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING ITS EMPLOYEES
IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS
STATUTE.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE:
(A) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE ON FORMS TO
BE FURNISHED BY THE
FEDERAL LABOR RELATIONS AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY
SHALL BE SIGNED BY AN
APPROPRIATE OFFICIAL OF THE RESPONDENT AND SHALL BE POSTED AND
MAINTAINED FOR 60 CONSECUTIVE
DAYS THEREAFTER, IN CONSPICUOUS PLACES. INCLUDING ALL BULLETIN BOARDS
AND ALL OTHER PLACES
WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. REASONABLE STEPS
SHALL BE TAKEN TO INSURE
THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER
MATERIAL.
(B) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
REGULATIONS, NOTIFY THE
REGIONAL DIRECTOR, REGION VII, IN WRITING, WITHIN 30 DAYS FROM THE
DATE OF THIS ORDER, AS TO
WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER /2/
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO
A DECISION AND ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
AND IN ORDER TO EFFECTUATE THE POLICIES OF
CHAPTER 71 OF TITLE 5 OF THE
UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT FAIL OR REFUSE TO GIVE NOTICE TO AND, UPON REQUEST,
BARGAIN WITH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 3275, THE EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES, BEFORE
IMPLEMENTATION OF ANY PAID PARKING PROGRAM WHICH MAY BE ESTABLISHED BY
GOVERNMENT-WIDE RULE OR REGULATION.
WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
(AGENCY)
DATED: BY: (SIGNATURE)
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
OF POSTING, AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
MATERIAL.
IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION VII WHOSE
ADDRESS IS: FEDERAL BUILDING & U.S. CUSTOMS HOUSE, 1531 STOUT STREET,
SUITE 301, DENVER, COLORADO 80202 AND WHOSE TELEPHONE NUMBER IS: (816)
374-2199.
--------------- FOOTNOTES$ ---------------
/1/ SEE ALSO VETERANS ADMINISTRATION CENTRAL OFFICE, VETERANS
ADMINISTRATION MEDICAL CENTER, LONG BEACH, 9 FLRA NO. 39 (1982).
/2/ MEMBER APPLEWHAITE, WHILE IN AGREEMENT WITH HIS FELLOW MEMBERS AS
TO THE DISPOSITION HEREIN, ADDITIONALLY NOTES HIS SEPARATE OPINION IN
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 9 FLRA NO. 16 (1982), THAT
IT WOULD BE INAPPROPRIATE FOR THE AUTHORITY TO MAKE ANY FINDINGS OR
STATEMENTS, OR TO GIVE ANY GUIDANCE AS TO A MONEY REMEDY, ISSUES WHICH
IN HIS OPINION WERE MORE APPROPRIATELY PRESENTED TO AND ADDRESSED BY THE
CIRCUIT COURT OF APPEALS.